COOK v. HARRIS

No. 689, Docket 79-6199.

617 F.2d 906 (1980)

Kathleen T. COOK and Robert S. Cook, Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 19, 1980.


Attorney(s) appearing for the Case

Richard J. Arcara, U. S. Atty., W. D. N. Y., Buffalo, N. Y. (Alva West, Asst. U. S. Atty., Buffalo, N. Y., William Kanter, Atty., Dept. of Justice, Washington, D.C., Frank V. Smill, III, Acting Regional Atty., Region II, Dept. of Health, Education, and Welfare, Sherry J. Leiwant, Marla G. Simpson, Asst. Regional Attys., New York City, of counsel), for defendant-appellee.

Robert S. Cook and Kathleen T. Cook, plaintiffs-appellants, pro se.

Before SMITH, FEINBERG, Circuit Judges, and BRIEANT, District Judge.


PER CURIAM:

Kathleen T. Cook and her husband, Robert S. Cook, brought this action to challenge the constitutionality of section 203(b) of the Social Security Act, 42 U.S.C. § 403(b), as it applies to persons receiving social security benefits as the spouse of a retired wage earner. Robert Cook was granted full retirement benefits as a retired wage earner, beginning January 1, 1975. Subsequently, Kathleen Cook was also...

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